Powers & Duties; Local Government Act 1972

A duty is an activity that must be carried out e.g. Local Councils must appoint a Chairman and a Clerk.

Powers

Statutory powers, granted by Parliament, give Local Councils the choice or opportunity to take action and are therefore discretionary. Like all powers given to public bodies the powers of Local Councils are defined in detail in legislation and these details may include a requirement to obtain the consent of another body (for example the approval of the County Council to the provision of a car park). Local Councils must exercise their powers also subject to the provisions of the general law (for example planning permission is necessary for a sports pavilion).

Section 137

Section 137 of the Local Government Act 1972, as amended by the Local Government and Housing Act 1989, Section 36, enables Councils to incur expenditure for certain purposes, not otherwise authorised, which in their opinion is in the interest of, and will bring direct benefit to, their area or any part of it or all or some of its inhabitants. The benefit obtained must be commensurate with the expenditure incurred. The annual expenditure must not exceed the total electorate multiplied by the annual statutory limit per elector.

The annual statutory limit for 2018/2019 is £7.86.

The electorate for 2018/2019 is 1795.

The statutory annual expenditure limit for 2018/2019 is £14,108.70.

Section 137 monies cannot be spent on an individual. For example, a scout may ask the Council for financial help to enable them to travel abroad on an exchange visit. Worthy as this may be, the Council cannot agree because the statute states that S137 monies must benefit some or all of its inhabitants. However, if a request came from the Scout Leader for the whole troop to travel abroad on an exchange visit, the Council could consider a grant for the whole group as this would then be benefiting some of its inhabitants.

Table of details

The powers which have been vested in Parish, Town and Community Councils by Acts of Parliament are summarised below as a guide. Each description is brief and is intended to be a general indication. It is not a complete list of every single power and duty. It also provides details of the regulations under which statutory provisions are made. Where a function is marked with an asterisk (*) a Council also has the power to give financial assistance to another person or body performing the same function.

Function

Powers and Duties

Statutory Provision

Accounts

Duty to appoint a Responsible Financial Officer to manage the Councils’ accounts

Local Government Act 1972, section 151

Acceptance of office

Duty to sign Declaration Of Acceptance Of Office (Councillors and Chairman)

Local Government Act 1972, section 83

Agency arrangements

Power to arrange for the discharge of functions by another local authority

Local Government Act 1972, section 101

Allotments

Power to provide allotments and duty to provide allotment gardens if demand exists

Power to make grants of money (though not of a capital nature) for bus service appearing to be for the benefit of people living in the Council’s area or community bus service (mini buses run on non-profit basis and catering for social and welfare needs of one or more communities)

Local Government and Rating Act 1997

Byelaws

Power to make byelaws for public walks and pleasure grounds

Public Health Act 1875, section 164

Power to make byelaws for cycle parks

Road Traffic Regulation Act 1984, section 57(7)

Power to make byelaws for baths and washhouses

Public Health Act, 1936, section 233

Power to make byelaws for open spaces and burial grounds

Open Spaces Act, 1906, section 15

Car sharing scheme

Power to establish and maintain, or to assist others, in car-sharing scheme for the benefit of persons in Council’s area. Scheme whereby private cars are made available for use on journeys where one or more passengers may be carried at separate fares

Local Government and Rating Act 1997

Chairman’s Allowance

Power to pay the Chairman reasonable allowance

Local Government Act 1972 sections 15(5) and 35(5)

Charities

Power to appoint trustees of parochial charities

Charities Act 1993, section 79

Christmas lights

Power to provide to attract visitors

Local Government Act 1972, section 144

Citizens Advice Bureau

Power to support

Local Government Act 1972, section 142

Clocks *

Power to provide public clocks

Parish Councils Act 1957, section 2

Closed churchyards

Power (and sometimes duty) to maintain

Local Government Act 1972, section 215

Commons and common pastures

Powers in relation to enclosure, regulation and management, and providing common pasture